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Hearings now required for temporary Protection From Abuse orders

The Superior Court ruled that not hearing sworn testimony could result in the "erroneous deprivation of ... liberty."

By RICK LEE Daily Record/Sunday News

Updated:
04/30/2013 11:08:46 PM EDT

York, PA -

Tuesday, the practice in York County of asking for a temporary Protection From Abuse order by filling out a pre-printed form ended.

As of Wednesday, anyone seeking a PFA order also must appear in court and give sworn testimony about any alleged abuse before a judge.

The change -- a clarification really, according to York County Judge Joseph C. Adams -- comes from a state Superior Court opinion issued April 17 concerning a Lancaster County case.

Adams said the justices determined a face-to-face hearing between the PFA applicant and the judge would "aid in the truth determining process."

He said York County and some other counties had long been issuing temporary PFA orders after "in camera," that is, not in public, reviews of the requests with no actual exchange between the judge and the applicant.

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If a judge determined a written application met the threshold of an "immediate and present danger of abuse," a temporary PFA order would be issued and a hearing for a permanent PFA order would be scheduled within the required 10 days.

"Now, if a petitioner alleges immediate and present danger, we will conduct a hearing," Adams said.

The issue came to the attention of the Superior Court in a November 2011 appeal of a Lancaster County PFA. Most of the arguments in the appeal were moot by the time they reached the appellate court.

But the one due process issue that caught the justices' attention in that case was there had not been an ex parte hearing -- the judge who issued the temporary order had not heard directly from the PFA applicant.

The court held that without an "ex parte" hearing -- a judge taking sworn testimony from the person seeking the PFA -- the alleged abuser could be wrongly deprived of his or her liberty.

The justices wrote in a 23-page opinion: "A person may blithely execute a petition inflating claims of abuse. On the other hand, the process of appearing in court before a judge and swearing to testify truthfully would necessarily give one pause about leveling exaggerated claims or specious allegations."

Adams said PFA duty rotates among the county's six family court judges and that, beginning today, that duty judge will hold the required ex parte hearings at 1 p.m. Monday through Friday.

Adams said the change will not be a major burden on the court.

But he said PFA duty judges will have to schedule for the hearings whether anyone applies for a PFA or not. And that the sheriff's office, which provides security, the prothonotary's office, which keeps the official record, a stenographer, who records the hearing, and the PFA office all must be available each day at 1 p.m.

Adams said 1 p.m. was chosen because most courtrooms are closed for lunch.

A drawback, he said, is if there are a number of PFA applicants, "people may have to wait around longer" for their request to heard.

Temporary PFA orders

During business hours, Protection From Abuse applications can be filed in the PFA office in the York County Judicial Center, 45 N. George Street. An attorney is not needed to apply.

If the Judicial Center is closed, a person seeking a PFA should call the local police department or 911 and ask, "How can I get an emergency PFA?" A district justice will respond with further instructions.

Court hearings for temporary PFAs are held at 1 p.m. in the Judicial Center.

As of Wednesday, a person seeking a PFA order must testify to the alleged abuse in court before a judge.

Who can file for a PFA?

A victim of abuse from an intimate partner or a family member, such as:

--- Spouses or ex-spouses;

--- Persons who have lived as spouses;

--- Domestic partners;

--- Same sex couples;

--- Parents;

--- Children;

--- Persons related by blood or marriage (including bothers/sisters);

--- Current or former sexual or intimate partners (including dating relationships).

The PFA Act does not cover abuse by a stranger or a roommate that the victim is not intimately involved with.